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             ACTS OF GHANA

                                                                    

        FOURTH   REPUBLIC

 

  

                                                     Act 731

THE SEVEN HUNDRED AND THIRTY-ONETH

ACT

EN1TILED

            INTERNAL REVENUE· (AMENDMENT) ACT, 2007

AN ACT to amend the Internal Revenue Act, 2001 (Act 592).

DATE OF ASSENT: 30th April, 2007.

ENACTED by the President and Parliament:

Section 10 of Act 592 amended

1. The Internal Revenue Act, 2001 (Act 592) referred to in this Act as the "principal enactment" is amended in section 10 (1)

(a) by the insertion after paragraph (f) of

"(ff) interest or dividend paid or credited to a person who has invested in a venture capital financing company",

(b) by the substitution for "five years" in paragraph (gg) of "ten years"

Section 11 of act 592 amended

2. The principal enactment is amended in section 11(5) by the substitution for "five years" of "ten years".

Section 19 A of Act 592 amended

3. The principal enactment is amended in section 19A by the substitution for "financial institution which" of "a person who".

Section 22 of Act 592 amended

4. The principal enactment is amended in section 22 by the insertion after

subsection (la) ofthe new subsection,

"( Ib) A loss incurred by a qualifying venture capital financing company from disposal of shares in any venture investment under section 17 of the Venture Capital Trust fund Act, 2004 (Act 680) shall be carried forward for a period of five years after the date of disposal."

Section 39 of Act 592 amended

5. The principal enactment is amended in section 39(1) as follows:

(a) by the substitution for "thirty" in paragraph (a) of "thirty five"; (b) by the substitution for "thirty" in paragraph (c) of "thirty five";

( c) by the substitution for "twenty four" in paragraph (d) of "thirty"; (d) by the substitution for "twenty" in paragraph ( e) of "twenty five"; ( e) by the substitution for "fifty" in paragraph (j) of "hundred"

Section 82 of Act 592 amended

6. The principal enactment is amended in section 82(2) by the insertion after paragraph (b) of

"(c) interest due to a resident financial institution".

Section 84 of Act 592 amended

7. The principal enactmeT1t is amended in section 84(4) by the deletion of 'or' at the end of paragraph (a) and the insertion after that paragraph of the new para­graph:

"( aa) to premiums paid to a registered insurance company under an insurance contract; or"

Section 86 of Act 592 amended

8. The principal enactment is amended in section 86 by the insertion after sub-

section (3) of the new subsection,

"(4) The tax imposed under subsection (2) is a final tax on the income on which the tax is imposed and the provisions of section 4 paragraphs (a)­( c) shall apply in respect of that income or tax."

Section 92 of Act 592 amended

9. The principal enactment is amended in section 92(3) by the substitution for "under section 4" of "under sections 4 and 86."

Section 94 of Act 592 amended

1 O. The definition of dividends in the principal enactment is amended in section 94

(a) by the substitution for "share capital or share premium account" wherever it appears of "stated capital", and

 (b) by the substitution for "shale; capital or share buy back" in paragraph (b) of "stated capital or redeemable preference shares."

Section 95 of Act 592 amended

11. The principal enactment is amended in section 95 (1) by the substitution for "ten" of "five."

Section 101 of Act 592 amended

12. The principal enactment is amended in section 101 (1):

(a) by the substitution for "five" in paragraph (g) of "ten"; and (b) by the insertion of a new paragraph (lz)

"(h) capital gains accruing to or derived by a person from an eligible capital financing company".

Section 113 of Act 592 amended

13. The principal enactment is amended in section 113 by the insertion after subsection (5) of the new subsection:

"(6) Subject to the provisions of this Act and Regulations made under it, the Commissioner may in writing give administrative directives as he considers necessary for the administration and implementation of the provisions of this Act." .

Second Schedule of Act 592 amended

14. The principal enactment is amended in the Second Schedule by the substi­tution for Tables A and B of the new Tables:

"TABLEA: ACCOMMODATION

Accommodation with furnishing - 10% of the person's total cash emoluments.

                                                                                       Accommodation only         - 7.5% of the person's total cash emoluments.

                                                                                                 Furnishing only         - 2.5% of the persons total cash emoluments.

                                                                                 Shared accommodation         - 2.5% of the person's total cash emoluments.

TABLE B: VEHICLES

 

Driver and vehicle with fuel

 

12.5% of the person's total cash emoluments up to a maximum of ˘3,500,000.00 per month.

                                                  Vehicle with fuel      - 10% of the person's total cash emoluments

up to a maximum of ˘3,000,000.00 per month.

                                                  Vehicle only             - 5% of the person's total cash emoluments

up to a maximum of ˘ 1 ,500,000 per month.

                                                  Fuel only       - 5% of the person's total cash emoluments up

to a maximum of ˘ 1,500,000.00 per month."

Fourth Schedule of Act 592 amended

15. The Fourth schedule of the principal enactment is amended by the substitution for"10%" of"5%".·

Date of Gazette notification: 4th May, 2007.

GOVERNMENT PRINTER, ASSEMBLY PRESS, ACCRA. GPC/A 74/300/4/2007

 

 

 

 

 

 

 

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